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The NLRB said 2.87 million of U.S. workers were employed through temporary agencies last August and the previous joint-employer standard hadn't kept up with changing times. (Credit: Law360)

NLRB Adopts New Test For Determining Joint-Employer Status

The National Labor Relations Board “refined” its test for determining joint-employer status Thursday, in a highly anticipated split decision that concluded Browning-Ferris Industries of California Inc. was a joint employer of workers provided by a staffing agency at a BFI recycling plant.

  • Newman, Chiasson Fight SG's Supreme Court Cert. Bid

    Todd Newman and Anthony Chiasson, the hedge fund managers whose insider-trading convictions were famously overturned by a federal appeals court in December, both urged the Supreme Court this week not to extend the life of the case just so that the solicitor general could take a stab at a moot point.

  • Tribal Gas Tax Refunds Constitutional, Wash. High Court Says

    The Washington Supreme Court on Thursday rejected a challenge over a state law allowing the governor to negotiate gas tax refund agreements with Native American tribes, shooting down claims that the pacts run afoul of the state’s constitution.

  • EPA's Clean Water Rule Halted In 13 States

    A North Dakota federal judge on Thursday blocked the implementation of the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers' rule clarifying the jurisdictional scope of the Clean Water Act in 13 states just one day before the rule was to go into effect, calling the measure "exceptionally expansive." 

  • 8th Circ. Nixes Jones Day's Training Video Sanction

    The Eighth Circuit on Thursday reversed a lower court's decision to force a Jones Day attorney to make a training video about discovery procedure after allegedly obstructing depositions while representing Abbott Laboratories in a personal injury row, saying the trial judge didn't give appropriate notice before issuing the unusual punishment.

  • Texas AG's Defense Lawyer Quits After Not Guilty Plea

    After Texas Attorney General Ken Paxton on Thursday entered a not guilty plea in state court to three felony charges that he violated securities laws, his lead defense lawyer asked to withdraw from the case, saying it was no longer tenable for him to represent the state’s top lawyer.

  • Dole CEO, GC Ordered To Pay $148M For Merger Fraud

    The Delaware Chancery on Thursday found Dole Food Co. Inc. CEO David Murdock and General Counsel C. Michael Carter liable to investors to the tune of $148 million for fraud intended to drive the company's price down ahead of Murdock's 2013 go-private deal.


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